Travel

Federal court docket permits Fashion and Bueno to function constitution flights solely on a closed route » Diario do Transporte

ANTT can enchantment; corporations work with bus purposes

ADAM BAZANI

For 2 days in a row, Decide Ricardo de Castro Nascimento of the seventeenth Federal Civil Courtroom of Sao Paulo heard a lawsuit from two constitution bus corporations and ordered ANTT (Nationwide Land Transportation Company) to chorus from banning two constitution corporations from touring in an open cycle mannequin whose passengers are boarded via apps and web sites.

The primary determination is dated July 19, 2022 and considerations Fashion Bus Agência de Viagens e Turismo Ltda from Santos on the São Paulo coast.

The subsequent day, July 20, 2022, Bueno Turismo e Transportes Ltda from Goiania benefited.

Regardless of the prescriptions of various processes, each options are very comparable.

A closed circuit is a constitution mannequin by which the round-trip flight is operated by the identical group of passengers who know one another and lease a bus. For instance, a go to by believers to a big non secular temple.

In an open cycle, it isn’t essential that the passengers on the best way be the identical as on the best way again, everybody buys their journey individually and doesn’t even know one another.

One of these journey is obtainable by cell purposes and web sites.

In accordance with Regulation No. 27 of ANTT (Nationwide Floor Transportation Company), constitution corporations can solely fly in a closed circle.

The open scheme, in keeping with the ruling, will likely be for normal corporations that declare unfair competitors as software buses can solely follow decrease fares as a result of they don’t transport without spending a dime (aged folks, folks with disabilities and low-income college students), they solely do connections that make a revenue do not depart if buses are lower than 30% full, do not pay bus terminals, amongst different obligations that line corporations are topic to.

Each selections have been made public this Monday, August 1, 2022, by the Brazilian Affiliation of Shared Charterers (Abrafrec).

The group’s president, Marcelo Nunez, famous in a word that the closed loop requirement is a persecution of constitution corporations.

“Entrepreneurs on this space of ​​transport and tourism are being focused by the regulator resulting from an anachronistic 1998 rule that forestalls charterers from making one of the best use of their buses. The closed loop rule must be reviewed as quickly as attainable to deliver authorized certainty to our class.”

Within the determination on fashion, Decide Ricardo de Castro Nascimento says that the evaluation carried out by ANTT was unlawful, that the regulation doesn’t distinguish between open and closed transport and the differentiation that ANTT promotes in extra-legal laws (resolutions). lack of authorized assist.

As well as, there is no such thing as a proof within the information that the applicant carries out common passenger transport or ticket gross sales. The applicant makes use of digital platforms solely to arrange the demand of its clients for journey, optimize prices and alternatives. To forestall an applicant from advising purchasers via digital platforms primarily based on unauthorized transport means to stop the usage of new applied sciences created to increase and enhance the providers supplied, each for the corporate and for customers. On this context, ANTT’s actions are blatantly unlawful, limiting the actions of the applicant, for the reason that regulation doesn’t distinguish between open and closed circuit transportation. The differentiation promoted by the ASTT by inside authorized laws (decrees) is devoid of authorized assist, because it offers for a differentiated perspective to conditions which can be interpreted in the identical method.

Nevertheless, I GRANT a Movement for an Injunction to Droop Notices of Offense Nos. 21042022 and 25042022 and order the Enforcement Authority to chorus from requiring the Applicant, in autos permitted by the constitution license, to drive closed teams of passengers beforehand recognized or who should return to the identical day of journey.

Within the Bueno determination, the identical decide pressured that the usage of new applied sciences couldn’t be prevented and reiterated the identical understanding he had within the Fashion determination on the unlawful provision of the excellence between closed and open chains.

There are two authorized necessities for non-scheduled floor transportation below the provisions of the allotted laws: a authorities allow and a ban on ticket gross sales. The regulation is silent on the attainable distinction between open and closed itinerary on constitution flights, and doesn’t set up necessities within the sense of driving a “closed group of predetermined individuals who should return to their hometown on the identical day.” As well as, there is no such thing as a info within the paperwork that the applicant sells tickets. The applicant makes use of digital platforms solely to arrange the demand of its clients for journey, optimize prices and alternatives. To forestall an applicant from advising purchasers via digital platforms primarily based on unauthorized transport means to stop the usage of new applied sciences created to increase and enhance the providers supplied, each for the corporate and for customers. On this context, ANTT’s actions are blatantly unlawful, limiting the actions of the applicant, for the reason that regulation doesn’t distinguish between open and closed circuit transportation. The differentiation promoted by the ASTT by inside authorized laws (decrees) is devoid of authorized assist, because it offers for a differentiated perspective to conditions which can be interpreted in the identical method.

ANTT (Nationwide Floor Transportation Company) could enchantment.

Each selections profit Fashion and Bueno.

Adamo Basani, transport journalist

Share the report on social networks:

About the author

admin

Leave a Comment